Copyright for video, design and photo: features of registration and protection

In today’s digital age, when visual content dominates the Internet and social media, effective copyright protection forvideo, design and photographs is of particular relevance. Legal protection of photos, videos and various design solutions has its own specifics. In this article we will consider in detail the nuances of registration and copyright protection of visual content.

Section 1: Copyright Objects in the Field of Visual Content

Visual content is all around us, from photographs on social media to advertising videos and application interfaces. It is important to understand which of this variety is protected by copyright and what requirements apply to these objects. Each type of visual content has its own peculiarities in terms of legal protection.

1.1 Photographic works: requirements for originality

A photographic work is one of the most common objects of copyright. Copyright in a photograph arises from the moment it is created, but for this to happen, the photograph must be original. Originality in a photograph means that it is the result of the photographer’s own creative labour, not just a technical reproduction of an object or a copy of someone else’s image.

The photographer’s creative input can manifest itself in:

• Choice of angle and composition: How the subjects are positioned in the frame, what angle is chosen.
• Lighting: The use of natural or artificial light to create a particular atmosphere or effect.
• Momentum: The ability to capture a unique, unrepeatable moment.
• Camera settings: Using shutter speed, aperture, focal length to achieve an artistic effect.
• Post-Processing: Creative image processing (retouching, colour correction, applying filters) if it significantly alters the original and adds uniqueness.

For example, an ordinary document photograph or a standard ID photo will generally not have sufficient originality for copyright protection. However, an artistic photograph of a landscape with unique lighting, a portrait taken using an unusual technique, or a reportage photograph capturing a unique moment would be considered original works.

1.2 Videographic and audiovisual works: constituent elements (script, direction, editing)

Videographic and audiovisual works ( films, video clips, music videos, TV programmes, commercials) are complex copyright objects. A video clip copyright covers the work as a coherent whole, but it is also made up of many separate elements, each of which may be an object of copyright in its own right. Such constituent elements include:

• Script: A literary work that is the basis of a video. Its author, the screenwriter, has copyright to it.
• Directing: The director’s creative contribution to the production, work with actors, and overall artistic vision of the work. The director is the author of the audiovisual work as a whole.
• Montage: The artistic and technical integration of individual shots, sounds, visual effects into a coherent whole. Montage can be so original that it has its own copyright protection.
• Musical accompaniment: Music written specifically for the video or used under licence is a separate musical work with its own authors (composer, author of the text).
• Visual effects, animation: Can be independent artistic works.
• Operator’s work: Original decisions on framing, camera movement, lighting.

The rights to a videographic or audiovisual work as a whole usually belong to its producer, who organised its creation and is responsible for financing it. However, the authors of the individual components (scriptwriter, director, composer) retain their rights to their own parts, but their use as part of the video or separately is governed by appropriate contracts.

1.3 Works of design: graphic design (logos, corporate identity), web design (website interfaces), industrial design

Design copyrights protect original artistic and aesthetic solutions embodied in visual form. Design can be represented in various forms:

• Graphic design:This is the creation of visual concepts to communicate ideas and information. The objects of copyright here are
  • :Logos:
  • Original graphic images symbolising a company, brand.
  • Corporate identity: A set of visual elements (fonts, colours, graphic elements) that create a unified brand image.
  • Design of advertising materials: Posters, brochures, banners
  • .Packaging design: Original visual design of goods.
• Web design:The visual and functional design of websites and mobile applications. The objects of copyright are
  • :Website interfaces (UI/UX):
  • Original graphical user interface, arrangement of elements, navigation.
  • Page layout (layout):
  • Unique visual arrangement of blocks of information, images.
  • Original graphic elements:
  • Icons, illustrations, font solutions developed for the site.
  • It should be noted that registration of rights to a website as an integral object may include registration of its design as part of a complex work (website).
  • In this case, the programme code of the website itself is protected as a literary work.
• Industrial design: This is the aesthetic (artistic) design of an industrial product that determines its appearance. For example, the design of furniture, household appliances, clothing, lighting fixtures. Although industrial design can also be protected by a design patent, its artistic aspect can also be protected by copyright if it has signs of originality and creative contribution.

1.4 Features of joint authorship and the creation of complex visual works

In the field of visual content, collaborative authorship and the creation of complex works is very common .

• Co-creation: This is when two or more people work together to create a single visual work. For example, two photographers collaborate on a single photo shoot and create unique photos together, or two designers design a logo together. In such a case, they jointly own the copyright in the work, and the consent of all co-authors is required to use the work (unless otherwise provided by contract).
• Complex visual works: Many visual objects are complex works consisting of several independent copyright objects. Examples are the already mentioned audiovisual works (videos), websites, multimedia products. In such cases, the rights to the whole work (compilation) often belong to its producer (producer), while the authors of the component parts (scriptwriter, composer, web designer) retain their rights to their own original contributions.

It is important to clearly delineate the rights and obligations of each participant in the creation of such works, and it is advisable to conclude written contracts to avoid disputes in the future. It is also common for visual content to be created as part of an official assignment (e.g. a photographer working for a company). In such cases, proprietary copyrights for official works usually belong to the employer, unless otherwise agreed in the contract.

Section 2: Copyright registration procedure for visual content

Once we have established what exactly are the objects of copyright in the sphere of visual content, the next question arises: how can the author confirm his/her authorship and the existence of rights to these works? This section will help to understand the procedures of fixation and official registration.

2.1 Copyright arising from the moment of creation: is registration necessary?

The basic principle of Ukrainian and international copyright law is that copyright on a work, including photographs, video and design, arises automatically from the moment of its creation in an objective form. That is, as soon as you have taken a photograph, edited a video clip or developed an original design and fixed it (e.g., saved a file, printed it out), you already own the copyright to that work.

This means that no prior registration, registration or any other formalities are necessary for copyright to arise. You are an author simply by the fact of creation. However, although registration is not mandatory for the right to arise, it can be an indispensable tool to prove your authorship and the date of creation of the work in case of disputes or infringements.

2.2 State registration of copyright in photographs, videos and designs

Despite the automatic nature of copyright, the legislation of Ukraine provides for the possibility of its state registration. This procedure is voluntary, but provides the author with an official Certificate of Copyright Registration, which is a strong proof of his/her authorship and priority.

State registration of copyright for visual content can be done for:

• Photographic works: A specific original photograph is registered.
• Videographic and audiovisual works: A video, film, clip as a complete audiovisual work is registered.
• Graphic design works: Logos, corporate identity elements, packaging design, posters, etc. can be registered.
• Web design: It is possible to register the original visual interface of a website or its individual graphic elements as part of an integrated work (website). That is, registration of rights to a website often includes registration of its design component.

The procedure of state registration is carried out by the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI). It involves filing an application, a copy of the work and payment of a fee. The state registration procedure, although optional, greatly enhances your protection by providing you with an official document. In order to competently carry out registration of rights to a website or other visual work, you can seek professional assistance. General principles of how to register copyright and conduct copyright registration in Ukraine, as well as registration of copyright for various types of works, are described in detail in our main article “How to register copyright in Ukraine in 2025“.

2.3 Required documents and materials for application (copies of works, applications, receipts)

For the state registration of copyright for visual content, the following documents and materials should be prepared and submitted to UKRNOIVI:

1. Application for registration:To be filled in according to the established form, with information about the author(s) and the title of the work.
2. Copy of the work:This is the most important part for visual content
   • :For photography: A high quality copy of the photograph (e.g. printed or on a digital medium).
   • For videographic/audiovisual work: A copy of the work on a digital medium (DVD, USB stick) or a description of the work with key frames, script, montage.
   • It is important that the submitted materials give a complete picture of the work.
   • For a graphic design work: A high-quality copy of an image (logo, illustration) in an appropriate format (printed or digital).
   • For web design: Screenshots of the main pages of the website reflecting the original interface, or a video recording of interaction with the interface, as well as graphic files of individual design elements.
3. Document on payment of the state duty: A receipt confirming payment of the relevant registration fee.
4. A document confirming the authorisation of the representative (if necessary): If the application is filed by a lawyer or patent attorney on behalf of the author, a power of attorney is required.
5. Contracts (if necessary): If the work is co-authored, a copy of the co-authorship agreement may be required. If the rights have been transferred, a copy of the agreement on the transfer of rights.

It is important that the copies submitted reflect as clearly as possible the originality and objective form of the work.

2.4 Deposit and its importance for visual content

In addition to state registration, there is another important way of fixing the fact of creation of visual content – depositing. This is the procedure of depositing a copy of a work with a third, independent party (e.g. a notary, a specialised law firm or a CMO) and officially recording the date of such deposit.

The significance of escrow for visual content is that it creates independent, dated proof of the existence of your work as of a certain date. In the event of a copyright or infringement dispute, an escrow certificate or deed of notarisation is strong evidence that your work existed and was recorded earlier than the likely infringer’s work. It helps establish priority.

Depositing is particularly useful for those who do not want or cannot undergo full state registration but still wish to have official confirmation of the date of creation of their work.

2.5 Differences and Overlap with Design Patenting for Designs

For design objects, there is an important distinction between copyright and patenting, in particular design registration.

• Copyright: Protects the artistic and aesthetic form of a design. It arises automatically and does not require registration (although registration and certification provide evidentiary value). Copyright protects the form of design expression, regardless of its functionality, from copying. For example, a unique font, a pattern on a fabric, an artistic interior design.
• Design patent: Protects the appearance of an industrial product (its shape, configuration, ornamentation, combination of colours) that is new and original. It applies to objects that have a functional purpose. A design patent gives the owner a monopoly right to use that design in industry. A patent requires state registration and examination for novelty and originality.

Some design objects can potentially be protected by both copyright and design patent. For example, a unique design of a piece of furniture, a light fixture or the casing of an electronic device. A copyright will protect it as an artistic work, while a design patent will protect it as a new and original appearance of a product with industrial application. The choice of the method of protection depends on the owner’s goals and the specifics of the object. To learn more about the registration of industrial designs in Ukraine, their procedure and significance, as well as the differences from copyright, read our article “Registration of industrial designs in Ukraine in 2025: procedure and significance”.

Section 3: Legal Use and Disposition of Rights to Visual Content

Creating original visual content is only the first step. It is important for the author to understand how he or she can authorise or prohibit the use of his or her works by others, as well as how to dispose of his or her own property rights. This is why licensing and transfer mechanisms exist.

3.1 Ways of using photo, video and design (publication, reproduction, adaptation, demonstration)

The property rights of the author give him the exclusive right to authorise or prohibit various ways of using his visual work. The main ways of use that require the consent of the right holder are:

• Reproduction: The creation of one or more copies of a work in any form. This can be printing a photograph, copying a video file, making physical copies of a design product, or digitally duplicating a graphic element.
• Public Display/Showcase: Displaying the work directly or by technical means in places open to the public. For example, showing photographs at an exhibition, showing a video in a cinema or at a public presentation, or showing an interface design on a large screen.
• Public notice (bringing a work to the public’s attention): The transmission of a work to the public via radio, television, internet or other means. This includes uploading photos or videos to websites, social media, using design elements on publicly accessible resources.
• Adaptation, Revision, Arrangement: Creating derivative works based on an existing work. For example, changing the colour scheme of a photograph, cropping a video, creating a collage of multiple photographs, reworking a logo, or adapting a design for another platform.
• Distribution of copies: Selling, renting, leasing, renting or otherwise disposing of copies of a work. This includes selling photo albums, videos on physical media, or replicating designs.

Any of these actions carried out without the permission of the copyright holder is a copyright infringement.

3.2 Licence agreements: granting permissions for use (exclusive, non-exclusive licences)

The main way to grant permission to use visual content is to conclude a licence agreement. Under such a contract, the right holder (licensor) grants another person (licensee) the right to use his work in a certain way, within certain limits and under certain conditions, with the property rights remaining with the licensor.

Licence agreements can be:

• Exclusive licence: The licensor grants the right to use the work to only one licensee and cannot itself use the work in the ways licensed, nor can it grant similar licences to others. For example, a photographer may grant an advertising agency an exclusive licence to use the photograph in a particular advertising campaign for a specific period.
• Non-exclusive licence: The licensor grants the right to use the work to the licensee, but retains the right to use the work itself and to grant licences for its use to others. Example: A photo bank sells non-exclusive licences for the same photograph to many users.
• Single licence: Under such a licence, the right to use the work is granted to only one licensee, and the licensor retains the right to use the work but cannot grant licences for such use to others.

The licence agreement for visual content should clearly define:

• Which rights are granted (e.g., reproduction and publicity rights).
• The manner of use (e.g., for commercial advertising, for personal blogging, for integration into a website).
• The territory where the licence is valid.
• The period during which the licence is valid.
• The amount and procedure for payment of remuneration (licence fee, royalty).

Drawing up licence agreements that take into account the specifics of visual content is a complex process. In order to ensure the competent transfer of copyright and protection of your interests, seek professional assistance from lawyers. For more details on what a licence agreement is, what are its types and how copyright is transferred through various agreements, see the article “Transfer of Copyright: Sale and Licence Agreement”.

3.3 Transfer of property rights under a sale and purchase agreement

In addition to licensing, proprietary copyright in a visual work may be transferred to another person in whole or in part under a contract of sale (alienation). Unlike a licence, which grants only permission to use, an alienation contract transfers the ownership rights to the work itself .

After the conclusion of such a contract, the original author ceases to be the owner of the property rights to the work (or to the part of the rights that was alienated), and these rights are transferred to the acquirer. The acquirer may use the work at his own discretion, licence it, sell it further, etc., unless the alienation agreement provides for certain restrictions (for example, the author’s right to remuneration in case of further resale).

An example might be a situation where a photographer sells all property rights to a series of photographs for use in a large advertising project. This gives the client complete freedom of action with these images without the need for additional approvals.

3.4 Protection of a website as a complex subject matter

A website is an excellent example of a complex copyright object combining different types of works. Its registration of rights to a website as an integral object, from a legal point of view, covers the totality of its constituent elements, which separately can be objects of copyright:

• Programme code: Protected as a literary work.
• Web design: Visual interface, page layouts, font and graphic solutions, icons are all protected as works of design.
• Textual content: Articles, descriptions, advertising slogans are protected as literary works.
• Visual content: Photos, videos, illustrations, infographics posted on the website.

Protecting the rights to a website requires a comprehensive approach. It is important that the rights to all these components are properly registered and belong to the developer of the site or its customer. This is especially true if a team (programmers, designers, content managers) worked on the site. Clear contracts with the involved specialists (agreements on the creation of professional work, order agreements, agreements on the alienation of rights) are key to ensuring full rights to the entire site.

Section 4: Effective copyright protection for online video, design and photos

Creating and publishing visual content online always carries the risk of unauthorised use. Therefore, knowing how to detect infringements and effectively protect your rights is extremely important for every author – be it a photographer, videographer or designer.

4.1 Typical online infringements (unauthorised downloading, copying of images, use of design elements)

On the Internet, online copyright infringements of visual content are quite common and can take many forms:

• Unauthorised copying and posting: The most common infringement. This can be downloading your photos or videos from social networks, websites, stock sites and further posting them on other resources (your own websites, blogs, other social networks, file-sharing sites) without your permission.
• Commercial use: If your photos, videos or design elements are used on commercial websites, advertising campaigns, products or services, for profit, without entering into a licence agreement and paying a fee.
• Modification and recycling without permission: Cropping photos, applying filters, removing watermarks, using parts of videos in new videos (e.g. viral videos, memes), and modifying or adapting your design elements without your consent. This violates your right to the integrity of the work.
• Plagiarism of design elements: Copying unique web design elements, logos, corporate identity or other graphic designs and then using them as your own or to create deceptive resources.
• Use in fake profiles or for fraud: When your photos or videos are used to create fake social media accounts, for spamming, phishing or other fraudulent activities.

4.2 Methods for detecting infringements (reverse image search, monitoring video hosting sites, specialised services)

Detecting illegal use of one’s visual content can be difficult, but there are effective tools available:

• Reverse Image Search:
  • Google Images: Upload your photo or link to its URL and Google will show you where else that image is being used on the web.
  • TinEye: Another popular reverse image search service that can detect modified versions of your image.
  • PicReverse, Yandex Images: Alternative search engines for reverse image search.
• Video Hosting Monitoring:
  • YouTube Content ID: If you are the copyright holder of a large amount of video content, YouTube offers a Content ID system that automatically scans uploaded videos for matches to your content.
  • Manual Search: Regularly search by your video’s title, description, unique phrases that appear in it, or actor/location names.
• Social media and portfolio site monitoring: Regularly check popular platforms (Instagram, Facebook, Pinterest, Behance, Dribbble) for your content.
• Specialised monitoring services: There are paid services (e.g. Copytrack, ImageRights, Pixsy for photos) that automatically monitor the use of your content online and can help with the process of seeking compensation.
• Metadata analysis: Check if metadata (EXIF data for photos, author information) has been removed from your file, as it may contain authorship information.

4.3 Sequence of actions when an infringement is detected

When discovering illegal use of your visual content, it is important to act consistently and legally:

1. Fixing the evidence: This is the most important step. Take as detailed screenshots of the offending web page as possible, including the URL, date and time. If possible, make a video recording of the screen. For further legal defence, it is advisable to have the web page notarised, as a notarised inspection report is proper evidence in a court of law. Keep the original files of your works with all metadata (date of creation, camera data, etc.).
2. Contacting the infringer or platform administrator (DMCA Notice):
   • Contact the infringer directly: Try to contact the person or company that is using your content and demand that it be removed.
   • Contact the platform administrator: Most major platforms (YouTube, Facebook, Instagram, Google, hosting companies) have their own mechanisms for filing copyright infringement complaints. Use their forms or send a formal report of infringement as required by the Digital Millennium Copyright Act (DMCA) if the resource is located in the United States. This is often a quick way to remove content.
3. Pre-trial settlement: If a direct appeal or contact to the platform fails, the next step may be to send a formal complaint (demand) to the infringer, drafted by a lawyer. The claim sets out your demands, the reasoning behind them and a warning of further legal action.

4.4 Judicial defence: filing a lawsuit, claim for cessation of the infringement and compensation for damages

If pre-trial settlement is unsuccessful, the author has the right to go to court to defend his rights. Judicial defence is the most effective, but also the most complicated mechanism.

In court, you can demand:

• Stop the infringement: Oblige the infringer to remove your content, stop its use or publication.
• Compensation: You can claim actual damages (e.g. lost profits from unauthorised use) or compensation in a fixed amount provided by law (e.g. double the licence fee that should have been paid for such use).
• Recovery of moral damages: If the infringement has caused you moral suffering, you can claim compensation.
• Publication of a court judgement: To restore the author’s reputation and warn others of liability.
• Seizure and destruction of infringing copies: If they exist.

Proper evidence of your authorship, the fact of infringement and the amount of damages (or justification for compensation) are critical to a successful legal defence.

Defending copyright in court, especially for visual content, requires in-depth knowledge and experience. To effectively defend your rights and obtain compensation for online copyright infringement, you can seek professional legal assistance from the lawyers of Polikarpov Law Firm. For more information on how to deal with copyright infringements on the Internet and how to effectively fight plagiarism, please read our article “Copyright Protection on the Internet: How to deal with infringements“.

Conclusions

To summarise, video, design, and photo copyright is an integral part of creative activity in today’s digital age. We have considered in detail what exactly is protected as objects of visual content, how these rights arise and are registered, and what mechanisms exist for their lawful use and disposal.

Effective protection of your visual content requires a comprehensive approach. This includes not only a conscious acknowledgement of authorship (through fixation or state registration), but also an understanding of licensing and alienation options, and a willingness to actively monitor and act decisively if infringement is detected.

Remember that your copyright is a valuable asset. Understand it, manage it wisely, and vigorously defend your interests, because this is the key to preserving your creativity and its commercial potential.